17th Oct 2023 | Cases
Damian Garrido KC and Alicia Collinson, instructed by Wilson Browne Solicitors, represented the Father in S (Children: Findings of Fact)  EWCA Civ 1113. The Father was opposing an appeal by the local authority against a fact-finding decision of HH Judge Wicks. The appeal raised important and interesting legal issues concerning the rehearing of previous findings of fact, the relevance of propensity and ‘hindsight bias’, and the caution to be applied before making exculpatory findings. Despite their submissions being described as “strongly enhanced by oral argument from Mr. Garrido, who persuasively identified ways in which it might be possible … to uphold the judge’s decision”, ultimately the errors in the judgment were sufficient to require the Court to allow the appeal. This case was reported in Local Government Lawyer.